Australian Capital Territory Current Acts

DIRECTOR OF PUBLIC PROSECUTIONS ACT 1990 - SECT 7

    (1)     The director may prosecute by indictment in his or her official name indictable offences, but nothing in this subsection prevents the director from prosecuting an offence in any other manner.

    (2)     Where the director institutes a prosecution on indictment, the indictment shall be signed—

        (a)     by the director; or

        (b)     for and on behalf of the director, by a person authorised in writing by the director to sign indictments.

    (3)     The director may, with the consent of the person concerned, institute a prosecution of a person on indictment for an indictable offence in respect of which the person has not been examined or committed for trial.

    (4)     Where a person has been committed for trial in respect of an indictable offence, the director may, whether or not the director institutes a prosecution on indictment for the offence for which the person was committed for trial—

        (a)     institute a prosecution of the person on indictment for an offence for which the person was examined but not committed for trial without the person having been committed for trial in respect of that offence; or

        (b)     institute a prosecution of the person on indictment for any other offence founded on facts or evidence disclosed in the course of the committal proceedings without the person having been examined or committed for trial in respect of that offence.

    (5)     In any other case where the director considers it appropriate to do so, the director may institute a prosecution of a person on indictment for an indictable offence in respect of which the person has not been examined or committed for trial.

    (6)     Where a person is under commitment or has been indicted for an indictable offence, the Attorney-General or the director may decline to proceed further in the prosecution of the offence and may cause the prosecution to be brought to an end.

    (7)     Where—

        (a)     a person is under commitment but has not been indicted for an indictable offence; and

        (b)     the director causes the prosecution for the offence to be brought to an end; and

        (c)     the person is in custody;

the director shall, by warrant signed by the director, direct the discharge of the person from custody and the person shall be discharged accordingly.